IN THE MATTER OF FRANK GARCIA V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: CA 14-01777
Slip Opinion No: 2015 NY Slip Op 93068(U)
Decided on December 7, 2015
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 7, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 14-01777

IN THE MATTER OF FRANK GARCIA, PETITIONER-APPELLANT,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on July 15, 2014,

Now, upon reading and filing the affidavit of Frank Garcia sworn to November 2, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered October 6, 2015, hereby amended by deleting the date December 7, 2015, and inserting in its place the date February 5, 2016.

Entered: December 7, 2015

Frances E. Cafarell, Clerk